No. 78-1793.

445 U.S. 552 (1980)


Supreme Court of United States.

Decided April 15, 1980.

Attorney(s) appearing for the Case

Allan M. Palmer argued the cause and filed a brief for petitioner.

Stephen M. Shapiro argued the cause for the United States. With him on the brief were Solicitor General McCree, Assistant Attorney General Heymann, and Deputy Solicitor General Frey.*

MR. JUSTICE POWELL delivered the opinion of the Court.

The question is whether the District Court properly considered, as one factor in imposing sentence, the petitioner's refusal to cooperate with officials investigating a criminal conspiracy in which he was a confessed participant.


Petitioner Winfield Roberts accompanied Cecilia Payne to the office of the United States Attorney for the District of Columbia one day in June 1975. Government surveillance...

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